Police chief won't face charges in incident

The county District Attorney's Office has refused to file criminal charges against Carlsbad Police Chief Tom Zoll for threatening the department's officer of the year in an incident that led to Zoll's suspension in March.

District attorney's spokesman Paul Levikow said Carlsbad police Detective Pat Preston met with Zoll on the morning of March 17 to discuss a professional matter, and the two disagreed.

Levikow said Zoll ordered Preston, Carlsbad's 2009 Officer of the Year, out of his office, and after Preston left, “the chief was reported to have uttered a threat in anger.”

Zoll was placed on administrative leave the next day and returned to his job April 2. At the time, the city wouldn't disclose why Zoll was put on leave.

Carlsbad police Lt. J. Eppel said he conducted a preliminary investigation and forwarded his findings to the Carlsbad city attorney, who then forwarded them to the district attorney.

“The Office of the District Attorney has investigated and reviewed the matter, and no further action will be taken,” Levikow said.

Preston filed a criminal complaint May 13, nearly two months after the incident, and the District Attorney's Office sent the city a letter July 2 saying it found no chargeable crimes, city communications manager Kristina Ray said.

After Zoll was reinstated but before Preston filed his complaint, the city hired a consultant, RGN Consulting, for $20,700 to study the Police Department's operations and management, Ray said.

The city has released some of the results of that study but withheld others, saying they pertain to police personnel matters and are confidential.

The study found that officers and department staff members are proud of their work and the service they provide the community, but expressed doubt about top management.

For example, in response to survey questions, two out of three department employees said they disagreed with the statements, “Management provides a clear picture of where the department is headed,” and, “Decisions by management are normally clear and the application consistent.”

More than half of the 144 employees who answered the survey disagreed with the statement, “Management practices what they preach,” and half disagreed with the statement, “Overall I believe the department is being managed well.”

The survey was circulated among sworn officers and civilian employees.

Zoll announced his retirement two weeks ago, saying he was doing so for personal and professional reasons.

In an e-mail to department employees dated July 22, Zoll didn't mention the criminal complaint but referred to his department troubles obliquely.

“The stress of this job, (of) our family commitments and of recent events, has made me rethink my goals,” Zoll said in the e-mail.

Neither Zoll nor Preston returned phone calls seeking comment.

Zoll, 58, became Carlsbad's chief in 2003 after 31 years with the Sheriff'sDepartment, retiring with the rank of assistant sheriff.

The Carlsbad Police Department employs 115 sworn officers and 47 support staffers for a city of about 103,000 residents. The department's budget is $27.9 million.